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Questions Answered by Joseph Franklin Klatt
2 Answers | Asked in Domestic Violence for California on
Q: Is my apt required to report suspected child abuse under Mandatory Reporting in CA?

For several months since I moved in, I hear a thump then hear a baby crying. I have never experienced the possibility that someone is banging their baby (head?) against something. The baby is helpless. I have not notified the police yet. I have notified the apartment manager and gave them exact... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

You mentioned mandatory reporting. Not everyone is a mandatory reporter. The list is extensive, but generally they are people that work with children or are medical or psychological professionals. You probably don't /have/ to report. Whether you /should/ is not a question any of us can... Read more »

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1 Answer | Asked in Civil Rights, Employment Discrimination and Sexual Harassment for Wyoming on
Q: Is $1.8 Million too much to ask for during a settlement for sex and disability discrimination?

Any thoughts would be helpful

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

I do not practice in your state, but I can talk generally about the valuation of damages. For simplicity's sake, you should assume you have two types of damages. First, you have your actual damages. How you were demonstrably injured. This can be in lost wages and opportunities, it can be... Read more »

2 Answers | Asked in Business Law, Employment Law and Communications Law for California on
Q: Some employees refuse to use company software - instant messaging - how can they be disciplined/forced to use it?

I have an instant messaging system on my office computers. Some users are logging out. We can’t fire them, but how can I set consequences for logging out or ignoring messages? What can I do to make the software so users can’t disconnect? Program is Synology Chat. Server is Windows.

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

You should have clear, written policies about your expectations and the consequences. They should be applied uniformly to everyone. California employment is generally "at will" meaning you can fire and they can quit at any time. You can fire for any or no reason, with some limitations:... Read more »

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2 Answers | Asked in Employment Law for California on
Q: Can an employee work you a 101 hrs in a pay period without paying you any over time
Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

If your pay period is twice a month or once every two weeks, then that number of hours will put you into overtime. Mr. Pedersen's answer is more specific as to the details on the ways you can get into overtime territory, but 101 hours in two weeks will necessarily put some portion of those... Read more »

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2 Answers | Asked in Employment Law and Civil Rights for California on
Q: Can you be fired because someone does not like you?

was hired at a food place this weekend I thought I was doing my job correctly but on the third day the business owner informed me I had to be let go because the shift manager did not like me I also think they let me go so suddenly because they replaced me with a friend of the manager in this same... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

Almost all employment in California is "at will." You can quit at any time, and the employer can fire you at any time, and for reason. The exceptions are when the termination violated public policy, such as firing someone because of a protected characteristic, such as race, ethnicity,... Read more »

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1 Answer | Asked in Real Estate Law and Civil Litigation for California on
Q: What’s the maximum discovery sanctions one may request, as a pro per?

I requested formal discovery from opposing counsel. Opposing counsel failed to provide the Requests for Production of Documents and Tangible Things on or before the deadline. I am filing a motion to compel and would appreciate it if you would guide me as to what the maximum monetary limit in... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 19, 2019

The maximum sanction that you can ask for is your attorneys fees and costs. If you are pro per, you have no attorneys fees to collect, so you will be limited to "costs." For you that probably means your $60 motion fee (presuming you paid one, if you have a fee waiver this is not... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Are there Real Estate Regulations governing changes to a 55+ Rental Property by a new owner?

I live in 55+ apartment listed to be SOLD.

I am retiring and will live on a fixed income and am concerned about my ability to continue to live here under new ownership. Am I protected in any way in this transaction?

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 18, 2019

If you have a lease, your lease is unaffected by the new ownership. It will remain in effect. At the end of the lease term, the landlord may want to change the terms of any new lease. If those terms include a large rent increase or effectively force you out of the unit, then you may want to talk... Read more »

1 Answer | Asked in Real Estate Law, Health Care Law and Landlord - Tenant for California on
Q: Do I have any legal rights if the fire exits in my studio were sealed shut without my knowledge?

I live in a small studio apartment and I noticed Maintenance were outside working by my windows. Later on I tried opening the windows to get some fresh air and the window would not open. I went outside and noticed the windows were painted in and sealed. One of the windows is partially open about 1... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 18, 2019

You do have legal rights if the unit is not up to Code or the maintenance work has created a dangerous condition. Your first step is to talk to the landlord or property manager. If that doesn't solve the problem, then you can contact a local landlord-tenant lawyer. This said, your most... Read more »

1 Answer | Asked in Banking for California on
Q: i was gifted some old stock certificates. some of the companies are still in business. what should i do with them?
Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 18, 2019

Talk to a stock broker, preferably in person. There is no shortage of them in your area. Assuming the certificates are valid, you probably want to open up a brokerage account and deposit those shares into that account. Then you can easily sell them, option them, collect dividends, exercise... Read more »

1 Answer | Asked in Contracts, Business Formation, Health Care Law and Mergers & Acquisitions for California on
Q: How do you ensure equal profit and sharing of profit of a PC and an aesthetician? Are there options to allow this In CA

Trying to form a corporation in CA with a medical director owning majority shadows but not working, a PA doing all fillers and Botox and the goal is to allow the esthetician to profit share or share hold to ensure equality. She is bringing in the majority of patients (over 300) and if we expand and... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 18, 2019

You need to speak to a lawyer in person about this, because this can't be addressed in a simple Q&A format. The big problem here is that there are rules that govern doctors and how they can form medical partnerships. There may be a way of accomplishing your objectives, but it may need to... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: In California in order to evict someone do u have to own the house

I have lived with my friend for 2yrs an her mom passed an had no will....an know her brother came over an said i have 30days can he do that

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 18, 2019

To evict someone you have to have a superior right to possession of the property than the person you are trying to evict, and the proper legal grounds to do so. If your friend's uncle has some ownership interest in the property, or he is acting on behalf of someone who does, then he likely... Read more »

1 Answer | Asked in Traffic Tickets for California on
Q: I was given a citizens arrest ticket in Lake Tohoe, California this past weekend. Highway 50 through the mountains is

A two lane road with very few passing lanes to pass slower traffic. The guy in front of me refused to pass the cars to the right while in the left lane. I flashed my brights at him and he reported me for wreckless driving. This was 30 miles from Lake Tahoe. I was pulled over upon entering Tahoe... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 18, 2019

I'm confused by the citizens arrest mention in your title. From the body of your question, it sounds like you got a ticket and have a hearing date. Your options are to not contest the citation and pay the ticket, show up yourself and argue the merits of the infraction, or retain an attorney... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: What is the right way for me to get him out of my property, without losing my last 3 months rent and the hay money?

I leased out 3 acres of my property to a guy for raising 4 cows. The leasing contract expired few months ago but we both agreed to continue the lease.

For the last 3 months he stopped paying the due rent money, also in many occasions, fell short to provide hay for his cows, so I had to buy... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 18, 2019

You will need to follow the unlawful detainer process, which is the awkward way we say "eviction." Generally speaking, this will require a legal notice to the tenant to pay his rent or some other ground to evict him. These are often short notices, 3 to 5 days. If the tenant... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: I need to close my business because I can’t afford to pay the rent and I have nine more months lease, can they sue me?

I also have some problems with landlord, like the air conditioner is not working for almost one month and they didn’t fix it, last month The part of store doesn’t have light and it takes a week for them to fix it, and similar problems every few months. My total lease agreement is for 5 years... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 12, 2019

If you vacate, or just stop paying the rent, they can sue you for damages. The likely measure of damages is the amount of rent they lose until they re-rent the space or reasonably could have re-rented the space or the lease term is over, whichever is the smallest number. If you have the right to... Read more »

1 Answer | Asked in Criminal Law for California on
Q: Can my husband be arrested for marital rape if I have 100’s of text messages between us of him semi admitting to it

I’m scared to go forward with reporting years of sexual abuse, I haven’t even posted this yet and I’m already getting shaky from nerves, but I need to know that if I report him he can no longer come after me and harm me or my children. He’s a covert narcissist and he’s destroying every... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 12, 2019

Can he be arrested, it sounds like it. How and whether it proceeds to criminal charges is up to the District Attorney.

1 Answer | Asked in Animal / Dog Law for California on
Q: Can the DA or another lawyer start a class action lawsuit against Posh Paws Dog Groomers, hurt/killed dogs in Rocklin CA
Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 12, 2019

The DA wouldn't be the person to start a class action. Could a private individual? Probably not. A class action is only appropriate when the number of plaintiffs are too numerous for conventional for conventional joinder--as a rough rule of thumb, if you can fit them in the gallery on the... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: Husband received a heart stent but never was told he had a tear in his artery and needed open heart surgery not a stent

Don't know if the tear was a result of the stent placement.

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 12, 2019

I'm not sure that there is a question. You have this posted in medical malpractice, until you have a second medical opinion, you aren't going to have any basis to know whether there was any malpractice at all. Doctors cannot guarantee perfect outcomes or perfect performance, but they do... Read more »

2 Answers | Asked in Real Estate Law for California on
Q: I sold a foreclosed property in June 2017, now a former owner wants to sue claiming real estate fraud?
Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 12, 2019

I'm not sure what the question is. The statute of limitations for fraud in California is three years, which accrues from the time there are both damages and discovery. Discovery occurs when the person discovers they have been injured or reasonably should have.

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1 Answer | Asked in Contracts and Business Law for California on
Q: My LLC has contract (signed in CA) w/ MX state agency to manage CA-based nonprofit. Contract says court jurisdiction =MX

CA-based nonprofit (MCEP) has not paid me $9000.00 for off-contract work, authrozied by CA-based MCEP (not Mexico-based IPAM), via PoA. Can I file suit to collect in CA, rather than Mexico? Looks like I cannot file in small claims court, because of my LLC, but in LA County Superior Court. But... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 10, 2019

California courts will generally enforce forum selection clauses if the contract has a reasonable connection to the forum. The bigger problem here that California doesn't have any power to enforce a judgment (jurisdiction) over a Mexican state agency.

1 Answer | Asked in Family Law for California on
Q: I been served with interrogatories. I requested for production of documents do I still need to respond to the interroga
Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 10, 2019

Yes you have to respond to the interrogatories. The request for the production of documents, yours or the other parties', has no effect on your obligation to respond to the existing interrogatories. They are independent, but complimentary discovery sets.

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